The article is based on an interview Justice Scalia gave to C-SPAN, as reported last week by the Wall Street Journal Law Blog. When asked about the quality of counsel arguing before the Supreme Court, Justice Scalia stated that he was "disappointed that so many of the best minds in the country were being devoted to this enterprise." He continued:

I mean there’d be a, you know, a defense or public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn’t she out inventing the automobile or, you know, doing something productive for this society? I mean lawyers, after all, don’t produce anything. They enable other people to produce and to go on with their lives efficiently and in an atmosphere of freedom. That’s important, but it doesn’t put food on the table and there have to be other people who are doing that. And I worry that we are devoting too many of our very best minds to this enterprise.... [B]y and large I don’t have any complaint about the quality of counsel, except maybe we’re wasting some of our best minds.